Raja @ Rajiv Singh Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:116358

Court No. - 80

Case :- CRIMINAL APPEAL No. - 487 of 2023

Appellant :- Raja @ Rajiv Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Sengar,Rajnikant Pandey Counsel for Respondent :- G.A.,Satyendra Kumar Mishra

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Hon'ble Siddharth,J.

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List has been revised.

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Supplementary afÏdavit filed by learned counsel for the appellant is taken on record.

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Heard learned counsel for the appellant; learned AGA for opposite party no.1; and perused the material placed on record.

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The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 23.11.2022, whereby the Special Judge, SC/ST Act,/Additional District & Sessions Judge, Ghaziabad has rejected the bail application of the appellant moved by him in Case Crime No. 350 of 2022, under Sections 302,34 IPC and Section 3(2) (V) SC/ST Act, Police Station Bhojpur, District Ghaziabad.

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This case is listed peremptorily as per earlier order of this court dated 16.5.2023.Even then learned counsel for the informant, Shri Satyendra Kumar Mishra, has sent illness slip. His illness slip is being ignored.

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Learned counsel for the appellant has contended that the co-accused, Babbu @Surendra and Gaurav @ Chintoo have been granted bail by this Bench of this Court on 20.4.2023 and 12.5.2023 in Criminal Appeal Nos.659 and 150 of 2023. The case of the appellant stands on identical footing, hence the appellant is also entitled for bail on the ground of parity for the reasons given in criminal appeal of coaccused. The appellant is languishing in jail since 21.10.2022.He has criminal history of 11 cases to his credit, which has been explained in paragraph-3 and 6 of supplementary afÏdavits.

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Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

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It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the court below has not properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 23.11.2022 is, hereby, set aside.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; appellant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, Court is of the opinion that the appellant is entitled to be enlarged on bail.

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Let appellant, Raja @ Rajiv Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i)Appellant will report his presence before the police station Bhojpur District Ghaziabad in the first week of every two months after he is released on bail and till the conclusion of trial.

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(ii)The appellant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) The appellant shall not pressurize/intimidate the prosecution witnesses.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for (i)

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opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.

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(v) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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(vii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the appellant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law.

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The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the appellant, if there is no other legal impediment.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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The criminal appeal is allowed.

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Order Date :- 24.5.2023

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Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Raja @ Rajiv Singh v. State of U.P. and Another

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